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Home My WebLink About99-04364Yp' ri^ )F y' r?F "t: PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 y36 4&J DAVID H. NAUGLE, CONFESSION OF JUDGMENT Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal $ 77,405.08 Other authorized items: Interest to July 16, 1999 Lien Search Attorney's Commission TOTAL Date: e4-116/71 $ 11,132.93 $ 40.00 $ 8,853.80 $ 97,431.81 Respectfully submitted, ,Carl MILedebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Defendant SAIDIS, SHUFF & MASLAND i 1 ;. I . cl. Q\ L cr% U PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. W CONFESSION OF JUDGMENT CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The name and last known address of the Defendant is David H. Naugle, 10 Mountain View Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant executed and delivered to Plaintiff a Promissory Note ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The amount due to Plaintiff as a result of Defendant's default is as follows: Principal: $ 77,405.08 Interest to July 16, 1999: $ 11,132.93 Lien Search: $ 40.00 Attorney's Commission: $ 8,853.80 TOTAL: $ 97,431.81 9. Interest continues to accrue at the rate provided in the Note in the amount of Nineteen and 09/100 Dollars ($19.09) per day. WHEREFORE, Plaintiff demands judgment against Defendant, David H. Naugle, as authorized by the warrant of attorney contained in the Note for Ninety-Seven Thousand Four Hundred Thirty-One and 81/100 Dollars ($97,431.81), plus interest from and including the date of this Complaint and judgment entered hereon at the rate provided in the Note and costs of suit. Respectfully submitted, Date: July 16, 1999 SAIDIS, SHUFF & MASLAND By: Kr M. Udebotim, Esquire S eme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff -? l(yo PROMISSORY NOTE IURJUL-. 2 _ Loan OEte Metut7ty gait - S1.SD mom- 07-08-1985. 07-11?200? - ?' 1rt RefarrlCe. In Ole shaded area are for LaMerS use o and do Act Inns Ore applcaplaty, of the d0eument b a r Ioan a aem. BORDYrer: DAVID K NALIGLE ISSN: 1st-1"6M) Lender: PRICBANK.NATIONALASSOCIATION 10 MOUNTAIN ROAD 4342 CARLISLE PIKE NEYYVILLE, PA 17241 CAM HB.L, PA 1T001-4674 Principal Amount: $170.000.00 Interest Rate: 9400% Date of Note: Juty a, 19% PROMISE TO PAY. I Promlae to pry to IW BANK, NATIONAL ASSOCIATION ('Leper-). or order, in WAIU money all the ihped 814hs of anmlon Ose u pa/d rnounl at One kindred Tan Thouarfd Z OMOO Dollars (t110A00D0). together 1MOt Into 0 the rate of 9.0004, per Principe! badahee ham Juty a, 1996, until paid In full. The inscyc l rate win not hherelse above 1atm7.. PAYMENT. 1 wW pay this loan 120 paymarts; Of 94.22 each payment My Nrat payment is due Au" 10, 1096. and sal eulls"WM Pa"Wft are due on the 12 eats month after eatte that. My WW paystile"I wta be due M Jury 10, 2006, are wm be for alp Principal am an scented YMWM not yet paid. Paynlanb kictide prbl0ipel and Interest. Inleresi on this Nola is compV d on a 36VAS p^hPla ft no asaoasaeW Is, try applying Oda rah0 G the annual aneasl We aver the nwroM of days n a year (766 during WAp years). mLdNiNd by the outWLndeq prngW balance. mAvead by the actual number of drys ft ahncga balance is oubsandrg. I will pay Lander at Lerwefs address shown above or at such other place as Lender may aiiagnab in wmtN Unless oOwwtsa 4greed or rapuired by applicable law. unpara inleresl, than to pnnclpal, and AM remdni amount b paYr*le*ra veep be applied rasa 10 aoaued ng any uripa0 colfeCaOn vests and tele ehharpea PREPAYMM. I may oay wslhoul pefalty al or a portion of the amount owed earlier than H is OOe. C44Y paymerts will not. unless agreeo to oy Lancer in wrlrg, retrve me of my obagabon to ceolnue to make peyngns undo Ilia payment schedule. R11ther, they Ira reduce the bWarnce dine am may Muff in me makag f wer oaytlwMIL principal DEFALLT. I MR be In default if any of the foleI reopens: (a) I fad to make any paymarnt when due. (b) I Ia any pramtse I Kew made to LmxkA. a I WI to coreply with or b pa to.. when due any other arm. 00"110n, Covenant, d condition Cordawed in this Note or any agreement retaad to tha Noce. or n any other agreement a loan I have wen Lender. (c) Any rePresemodA Of state 0 it made W furnished to Lender toy me or o appoiii n my befell a Ws r or, rnsleaahg in airy Imenal respect Saner now or at the ante made or threshed (d) I dw or became Insptert, a rlCaver Is under for eery Wet of my property. I maul an assgnmenf W the Wf*M of creditors. or eery orooee" Is oommMded other security try me or any ban ktuotcy or msdvKtiy Low' (1) Amy aaddar toes to hRe any or MY PrLPWIT On Or n wtuCn LenCW etas a bah or against me Includes ¦ of Has N gr*tlSn+Mrst of any OI my ¦CCourts wAn tender. (C"of the events described in this detaW section odC is with my guarantor Ttor rrsses-t b any guaranty LEND613 RIGHTS. Upon detau4 Lender may, after greng such notices is reocreed by applicable Low. doctare the entire unpaid pnnopsl baance on this NOW and W accrued unpaid Inlin "middalefy OLe, and then I will pay that amount Upon dolauk including Wure to pay upon Cuel rnabaoy. Lander. at ft gAOM. rnaY also. It penahed Wide WPWAble law, hrlQaaap 0w willwasl rele on this Note to 16.000% per annum. The tenter rate Intl not weed the mWrnum rate parmased by applicable isw. Lender rtay hire or pay someone else to help a~ this Note it I do not pay. 1 "a W pay Lady that amount This Induces, subject to any kinds under applicable law. Leraers atbrneys' Leos and Lender's legal Won wfea+er or not there a a WwsIAL including atforneys' leas and boa wpeheas for 0e1k11.10" Pmc*Rdrga (htcludng enoret To modify or VIofa arty allWr4DC fry or n)Wabon), eppeae, and any anbegxYd post-tydgmeA coeection SW%tm. It resat Prohibited by applicable fe'w, I also will pay arty court costs, in addition to M other suhes provided by law, If A4gnaN is entered n COreaCeon with this Note. Interest will coninue to accrue on this Note Silly judgment at the cleating ruc W rate provided bt In thin Nola. This N048 has been dtlrwad to Lander are aoeepted by Lender In tie ConaatorrweMBy of Pennsylvania. N there Is a to VA. I agree upon Lender's negtwst to subMt to the Widlctlon of the courts of CVWi7LANO County. the Commonwealth of Magylyrlta Leveler And I ftereoy we've the right to rry jury, trial M are' action, proceeding, or courAercWm brought by either Lender or nil aganli OIe other. Thies Note SM" the gone,,Nd Or are construed in accordance with the laws of 01e OW "not gem on Pennsylvania. RIGIIT OF SETOFF. I gram to Lander a contractual Possessory SeCurtY Interest lift, and hereby assign, convey. cleaver. pledge. and Van siler to Lerch as my right 0% and interest in and to, my ACCW*S with Lander (whether chxfurg, savings, Or saner Oahe account), mdudirg wRndd OmfOttion a accoWds held pertly with someone else and all accounts I may OPO In the future, m¢ludng however as IRA and Keogh aearha, aria an buy aCCOUnts for which the gram of a security nlerest would be prorabnad by law I atanorme Lander. to the adorn wervtetaed by applicable law. to cnage or Se1011 tl SLna owing an this Nola eganst any and aA Such accounts. COLLATERAL Tha Nob is secured by a Mprtg ge aided Jug 6, 19%, to Lander d real crop" located n CUM9EPO AND County. Commomveath or PwiroyMnle. M the Irma and conditions of wlach are hersay mca oraled and made a pert of this Note GDa.AAL PROVISIONS. Lender may delay or forgo enforcing any of its nghts or renhe[4!f wow Hta Nor wr⁣ K Ipfing them I and any Who, PW%M who Sgrtf, 9varantces or endorses this Note. to the Went Glowed by law. wane prOWAlmant, demand for payment, prallies t and notice of deho or. Upon any char" In the bums of gs Non, alp unless 0VWwa4 a=, Y stated in Mi". no party wrno sgns INS NOW, whether as maker, qua liter, accommodation maker at endorse, sIW be released from kabaty . Aa such parties agree that Landes may renew or astannd (repaasadry, and for any length of time) this loan. or rekyse any party or guarantor or C01141ert1: or wTlpaa. Tad b MakM upon or perfect Lender's security interest in the cotUCal: and tike any other action aeened necessary by Lender wdhocd try Wn310`11 of a Mtae b enyora All such parties aaa agree thal Lender may modify Has loan wdnout ft consent of or notice to anyora other than me Party with whom ON modification a made. If any parson of Ms Nofa a for any reason determined to be uneMdreefible, d will rat affect the anfaCdeb&lY of arty other provarore of this Note. CONFESSION OF JIDGMEXT. I HEREBY IRREVOCABLY AUTHORIZE AND EMPOWER ANY ATTORNEY OR TH.E PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. TO APPEAR AT ANY TIME FOR ME AFTER A'DEFAULT UNDER THIS NOTE. AND WrTH on WITHOUT COMPWNT FLED, AS OF ANY TERM. CONFESS OR ENTER JUDGMENT AGAINST ME FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE. ALL ACCRUED INTEREST. LATE CHARGES. AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECLtuNG 7H4S NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS. TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S COMMISSION Or TEN PERCENT ( IOw) OF Tl# UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (1300) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FCA SO DOING THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENTWAPRANT THE AUTHCRTY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST ME Sl A NOT BE L700.LlSTED BY ANY EXERCISE OF THAT AUTHORTY, BUT SMALL CONTINUE FROM TIME TO TIME A.ND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. 1 HEREBY WAIVE ANY RIGHT I MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATE THAT EITHER A REPRESENTATIVE OF LENDER SPECIRCALLY CALLED THIS CONFESSKON OF JUDGMENT PROVISION TO MY ATTENTION OR I NAVE BEEN REPRESENTED BY IINOEPENDENT LEGAL COUNSEL. Exhibit "A" L LEC-11-1997 1000 P11C 6Wh 215 585 6222 P.11 , Lain No (Comnumm K N TO SK NINO TNS MOTE, I MEAD AM WID61ST000 ALL M PPIOYISIOMS OF T s Wm 1 A47Q TO THE TONS OF THE NOTE AND ACKMOWLED= RECEIPT Of A COMPLETED COPY OF THE NOTE x 466 OAYID PL NAUGLE Ado mt&YALWMflL LASCII/ .AogU.LI &T.KWf. W.Ml FI/AIC/IRWnR?t,uC. Nlig1p mN & tF?DW WCDMAWiM G.OVL1 TOTAL P.11 December 11,1997 Mr. David H. Naugle 10 Monatain Road Ncwville, PA 17241 RE: Acct. N 20200038984 Dear Mr. Naugle: PNC r -3ital Recovery Corp. PNC Bank has been informed by the united States tfiddle District Court of the intent of the United States of America to have the property known as 10 Mountain Road, Newville, PA forfeited to them for disposition. As a result of this action, the above referenced account is in default as defined in the Promissory Note dated 7/18/96. Therefore, PNC Bank, Nadonal Association is demanding immediate payment, in full. of the amounts outstanding under the loan. The following amounts are currently due and owing: Principal 5100,44"0.54 Interest @ 12/10/97 --76-9i-9 Total S101,217.73) Additionally, as a result of this demand for payment in full, we will exercise our right of offset with regards to your demand deposit and savires eccoaats and will withdraw $11,393.80 and $12,394.C8 and apply these amount to the outstanding loan balance. Please be advised that unless immediate payment in full is delivered to the lame, sank shall take all appropriate action to preserve, protect and enforce its collateral and Ican positions. Sincerely, PNC Caphull Recovery Corp. Raym d/•Cmrtger Vice President RG/sef Regular 1v'Lail Certified ryWI No. Z 363 162 206 TOTPL P.02 Exhibit "B" PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H, NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CONFESSION OF JUDGMENT CIVIL ACTION - LAW VERIFICATION 1, Eric Krimmel, Assistant Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: IC, By:_ Eric Krimmel Assistant Vice President r f>> ? J PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 ?/3Cv7 (?G CONFESSION OF JUDGMENT CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: July 16, 1999 By: M. Ledebohm, Esquire Court Ippreme ID #59012 2 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff T tr` CY; Lr, r, u_ _? raa cJ s U PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q,- #3&4/ CONFESSION OF JUDGMENT CIVIL ACTION -LAW CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, PA 17011; and that the last known address of the Defendant, David H. Naugle, is 10 Mountain View Road, Newville, Pennsylvania 17241. Date: July 16, 1999 Respectfully submitted, SAIDIS, SHUFF & MASLAND By:, 4Carl M. tedebohin, Esquii Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 ~ S to 4- •7? ?r0 LL - 1[l r' ] PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. #, Ll 3611 &jj CONFESSION OF JUDGMENT CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, David H. Naugle, in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: July 16, 1999 By: i z"'z9P ') Kar M. Ledebohm, squire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 r r Lr. e? ' y 1•: is - CS: • CYO ?"i J _ 1 j] ?J i-111 U_ f?l 7 PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant TO: David H. Naugle IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?P?l . W3/o t? CONFESSION OF JUDGMENT CIVIL ACTION-LAW NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761.1881 1514A4.,P. Prothonotary ?j?? PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C1_ 1136v 6MI CONFESSION OF JUDGMENT CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (1) directed to the sheriff of Cumberland County; (2) against David H. Naugle, defendant; and (3) against Old Guard Insurance Company, garnishee; (4) and index this writ (a) against David H. Naugle, defendant; and (b) against Old Guard Insuranqe Company, as garnishee ca.EtPn /??oY and levy upon and attach as required the following: (a) Any and all personal property located at the address of the Defendant found in the possession of Garnishee, including, without limitation any proceeds payable to Defendant and PNC Bank, National Association, the Plaintiff in the above-captioned matter under insurance policy number F0026026DB listing Defendant as primary insured and PNC Bank, National Association as the Mortgagee, secured party. 9*7 , 'Vokil, 1 'k (5) Amount due: '$%',?2249--- Interest from 7/16/99 at $19.09 per day (to be added) Attorneys fees (to be added) Costs (to be added) Certification I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3. SA, SH FF & MASLAND B,;" rl M. Ledebohm, squire preme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiff jf" 2, i . L. It .I O m o? U 0 O ti {r0_1 jO O ,D A. a =y 0 l PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 7Y ?.31o y GCS CONFESSION OF JUDGMENT CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (I) directed to the Sheriff of Lancaster County; (2) against David H. Naugle, defendant; and (3) against Old Guard Insurance Company, garnishee; (4) and index this writ (a) against David H. Naugle, defendant; and (b) against Old Guard Insurance Company, as garnishee a.?t? 1 AS /?OV aK and levy upon and attach as r4u re eYrollowPing: (a) Any and all personal property located at the address of the Defendant found in the possession of Garnishee, including, without limitation any proceeds payable to Defendant and PNC Bank, National Association, the Plaintiff in the above-captioned matter under insurance policy number F0026026DB listing Defendant as primary insured and PNC Bank, National Association as the Mortgagee, secured party. (5) Amount due: P- Interest from 7/16/99 at $19.09 per day (to be added) Attorneys fees (to be added) Costs (to be added) Certification I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3. SAIDIS, SHUFF & MASSLAND By YG rl M. /C-ourt upreme ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiff q d c:4-: cG J' ,l 73 ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4364 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Lancaster COUNTY: To satisfy the debt, interest and costs due PNC Bank, National Association PLAINTIFF(S) from David H. Naugle DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to self (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Old Guard Insurance Company, as garnishee; An and all personal aroperty located at the address of the Defendant found in the possession of Garnishee, including, wit out Plaintiff in the above-captioned matter under insurance policy number FO026026DB -tistimg Defendant ee, secured party. GARNISHEE(S) as follows: Lititz Pike, Lancaster, PA 17604 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hinvherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,431.81 Interest from 7/16/99 at $19.09 per day Ally's Commo be added) % L.L. Due Prothy_ Other Costs $1.00 Ally Paid $.42 n Plaintiff Paid Date: .1111M 19, 1999 _ REOUESTIYA&LIT`,Shuff & Masland Name Karl M. Ledebohm, Esq. Address: 2109 Market Street Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: (71 7 )761-1 A 81 Supreme Court ID No. 59012 _ Curtis R. Long n Prothonotary, Civil Division by: ?y7Q Deputy PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 9? ?y CCd DAVID H. NAUGLE, : CONFESSION OF JUDGMENT Defendant : CIVIL ACTION - LAW NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON TO: David H. Naugle A judgment in the amount of $97,432.19 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry ofjudgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 1. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SAIDIS, SHUFF & MASLAND Date: July 16, 1999 By A P, Karl . Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)761-1881 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVID H. NAUGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CONFESSION OF JUDGMENT CIVIL ACTION - LAW PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Date: Defendant r- J ?I IIJ u :L i-• r cl, 1 lsz, SHERIFF'S RETURN - REGULAR CASE NO: 1999-04364 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS. NAUGLE DAVID H DAWN L. KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF EXECUTION was served upon NAUGLE DAVID H the defendant, at 1748:00 HOURS, on the 6th day of August 1999 at 10 MOUNTAIN RD. NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to DAVE H. NAUGLE a true and attested copy of the WRIT OF EXECUTION together with NOTICE UNDER RULE 2958.3 OF JUDGMENT, PETITION TO STRIKE JUDGMENT AND INTERROGATORIES and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Docketing Service 18.00 9.30 •?s°v??rc.i, PROTHONOTARY 1.50 Surcharge 8.00 omas Kline, eri $b.Esu KARL LEDEBOHM 08/10/1999 by l? ?c? 1 d ?I epu y eri Sworn and subscribed to before me this to u' day of 19? A. D. -'P?otf ono y 1•?? ?.?SY33 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4364 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due onr cr nk Nat-;nnal Ags. -JAijn. PLAINTIFF(S) from David H. Naugle DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of address of the Defendant located at the Plaintiff in the above=captioned matter Mortgagee, secured party. GARNISHEE(S) as follows: 2929 Lititz Pike, Lancaster, PA 17604 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) Ifpropertyofthedefendant(s)notlevieduponansubjecltoattachment isfoundinthepossessionofanyoneother than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,431.81 Interest from 7/16/1999 at S19.09 Der day Ally's Comm to be added) % Ally Paid S32.S0 Plaintiff Paid L. L. $.50 Due Prothy $1.00 Other Costs Date: -July 19, 1999 REQUESTING PARTY: Name Saidis, Shuff & Masland Address: 2109 Market Street Camp Hill, PA 17011 Curtis R. Long Prothonotary, Civil Division by: a Deputy Attorney for:Plaintiff Telephone: (717) 761-1881 Supreme Court ID No. 59012 lfll rAfaTNIF OU bN?fl?If f; ,t ri .ti y JA 19 as FN 199 CA1-iLi:. LE PENNSYLVANIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland NO. 99-4364 CIVIL 19 _ CIVIL ACTION - LAW To satisfy the debt, interest and costs due _ PNr Rank _NAtionat Agsr iatinn from David H. Naugle DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 2929 Lititz Pike, Lancaster, PA 17604 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirrvher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,431.81 L.L. $.50 Interest from 7/16/1999 at $19.09 per day Arty's Comm to be added) % Ally Paid $32.50 Plaintiff Paid Due Prothy. Other Costs Date: July 19. 1999 _ REQUESTING PARTY Saidis, Shuff & Masl.and Name f6ar-I M. iedet3etm, Esq. - Address: 2109 Market Street Camp Hill, PA 17011 _ Attorney for:Plaintif f Telephone: (717) 761-1881 _ Supreme Court ID No. 59012 Curtis R. Long Prothonotary, Civil Division by: ys(%?jirra Xo'47 7 Deputy TRlfr tv^,py r a?,. n7.nnp In Tes rrem t.Irr:o.`, f h r2 un!o s^t,myhand and the seal of sa'J Co?;rt Ctrl:;; Pa. This .... ?%. .. day of i. erothonota Mortgagee, secured party. _ GARNISHEE(S) as follows: OFFICE OF THE SHERIFF CUFA,.,t WY im 19 4 05 PM 199 CARL: 3 LE PENNSYLVANIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4364 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due - PNC Bank, Nat • nn t AGG, . • -r • nn from David H Naugle (1) You are directed to levy upon the property of the defendant(s) and to sell (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properlyof the detendant(s) not levied upon an subject to attachment isfound inthe Possessionof anyoneother than a named garnishee, you are directed to notify hinvherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,431.81 L.L. $.50 Interest from 7/16/1999 at $19.09 per day Ally's Comm to be added) % Ally Paid $32-0 Plaintiff Paid Date: _ July 19. 1999 REQUESTING PARTY: Name Saidis, Shuff & Masland Address: 2109 Market Street Camp Hill, PA 17011 Attorney for:Plaintiff Telephone: (717) 761-1881 Supreme Court ID No. 59012 Due Prothy $1.00 Other Costs _ Curtis R. Long Prothonotary, Civil Division by: ?? a ?llLk?n ?Deputy? In n / r:ait? and Itr of R.. .......... ?....',. . . Prolhonwci t? Mortgagee, secured party, _ GARNISHEE(S) as follows: 2929 Lititz Pike, Lancaster, PA 17604 OFFICE OF 7M6 SNERIFF 0UM8!'RLAY B)nyrr At 19 4 05 PM 099 CkILI LE PENNSYLVANIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4364 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Ctartberland COUNTY: To satisfy the debt, interest and costs due _ am Rank Na} jowl Ac i -firm from amid H Na rnlp DEFENDANT(SJ_ (1) You are directed to levy upon the property of the defendant(s) and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession ofanyoneother than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,431.81 Interest 1r0M 7/16/1999 sit $19.09 mr day Ally's Comm to be added) % Ally Paid _ $72•x0 Plaintiff Paid L. L. $.50 Due Prothy $1.00 Other Costs Date: July 19. 1999 REQUESTING PARTY Name Saidis, Shuff & Masland Address: 2109 Market Street Camp Hill, PA 17011 Attorney for:Plaintiff Telephone: (717) 761-1881 Supreme Court ID No. 59012 Curtis R. Long Prothonotary, Civil Division by:/Ma V Deputy T4'' In Tes..s and ih:: s:a: o' c. lian4 ..i ?yaycc, pCI:ULCU FJiar'[y, GARNISHEE(S) as follows: 2929 Lititz Pike, Lancaster, PA 17604 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; GFFIO[OF 7HE SHI YF OUNeF Jt 13 4 05 ?h Is 0AflLISLL PEHHSYLVAHIA rnl